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Minutes 1971/06/21 3241 Gilroy, California June 21, 1971 -... The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. The Mayor tabled introduction of new employees to await their presence. ...., i I --' Roll Call Present: Council Members: Fred P. Batrez, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout, and Norman B. Goodrich. Absent: Council Member: George T. Duffin. Minutes The Minutes of the Regular Council Meeting of June 7, 1971 were approved as mailed and recorded. Pub. Hear. 71-72 Budge t The Mayor stated that it was the time and place scheduled for a Public Hearing on the 1971-72 Budget. City Administrator Wood presented and explained a report on said proposed budget. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed budget. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the Public Hearing be closed. Council discussion was had in regard to said budget and proposed additional revenue sources. ~, Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Staff be instructed to prepare the required ordinance for a 5% Utility Tax. Motion was made by Councilman Hughan seconded by Council- man Silva and carried that Staff be instructed to prepare the required ordinance for a 5% Room Tax. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that Staff be instructed to prepare the required document for an increase in the City.s development fees of 15%. i...... Res. #1576 Motion was made by Councidman Pate seconded by Councilman Silva 71-72 that the reading of Resolution No. 1576 be waived and that it be adopted; Budget said resolution to include provisions within same for a 5% salary increase for city employees. ~ RESOLUTION NO. 1576 RESOLUTION OF CITY COUNCIL ADOPTING BUDGET FOR SAID CITY FOR FISCAL YEAR 1971-1972 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 21st day of June, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Hughan, Pate, Silva, Stout, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: Duffin NOES: ABSENT: Utility Tax Motion was made by Councilman Hughan seconded by Councilman Pate applica- and carried that application of the 5% utility tax be apPl ied to te1e- tion phone, gas, electricity, and CATV services. l_ Jt. Council- City Administrator Wood noted the presence of representatives from Personnel the Employee Associations in regard to Meet and Confer Agreements; that Com.Meet. under procedures said agreements are to be recommended by the'Personnel Commission; and that a Joint Meeting of Council and the Personnel Commission be set to discuss same. Council agreed to adjourn this meeting to 4:00 p.m. on Tuesday, June 22, 1971 for said Joint Council-Personnel Commission Meeting. !" In tro. new employee The Mayor introdueed new employee Gary Goularte, Police Cadet, and noted promotion of U. Pat DeLeon from Police Cadet to Patrolman, also present. 3242 Plan. Com. Mee t. 6/17/71 P & R Com. Report 6/15/71 Personnel Com. Pub. Hear. Salary Increases Unco11ectable Uti 1 i ty Accounts Master Plan Presentation Eastside Park Budget Adjust- ments, Amend- ments & En- cumbrances Res. #1577 Mesa Rd. Grade Change Secretary of the Planning Commission Henry presented and explained the Report of the Planning Commission Meeting of June 17, 1971 noted Commission denial of a rezoning request of Charles A. Gilmore for re- zoning f~om R-l to R-3 the rear 200 feet of a lot located at 7841 Miller Avenue. ~'- Mot i on was made by Counc i lman Pate seconded by Counc i lman S i 1 va .. and carried that a Public Hearing date of July 6, 1971 be set for Council to discuss same; noted review of the Tentative Map for Standish .. Acres, Unit No.1, Tract No. 4991 and and approval of same with name changes to be presented prior to completion of the final map. City Administrator Wood presented and explained the report of the Parks and Recreation Commission Meeting of June 15, 1971 noting that Mr. Martin Garfinkle, Architect was present in the audience to review the Master Plans of G1enview and El Roble Neighborhood Parks. .. ~ Secretary of the Personnel Commission Reinsch presented the Report of the Personnel Commission Publ ic Hearings of June 9th and June 16, 1971 in regard to Dennis Daly, noting that same was presented for informational purposes. City Administrator Wood recommended salary merit increases for the following employees: Imogene Wenneberg, Clerk-Typist, Range 22.5, Step "c" $560 to Step liD'] $587 and Eugene Gregorio, Patrolman, Range 20, Step IIAtt $731 to Step liB" $767. Motion was made by Counci 1man Batrez seconded by Councilman Pate and carried that the Salary Merit Increases as presented be granted to become effective July 1, 1971. City Administrator Wood presented a report recommending write- offs of uncollectable water and sewer accounts in the amount of $583.31 noting that deposits in the amount of $150.00 would cover said write- offs. Motion was made by Councilman Batrez seconded by Councilman Pate and carried that the uncollectable utility accounts in the amount of $583.31 as presented be written off as recommended. Mr. Martin Garfinkle, architect of the firm of Kimura & Garfinkle addressed the Council presenting and explaining the proposed Master Plans of Glenview and El Roble Neighborhood Parks. Slide presentations of suggested landscaping, etc. were viewed by Council. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the Master Plans for Glenview and E1 Roble Neighborhood Parks be approved as pre- sented. ... .... " ~ ... City Administrator Wood reported that he had contacted the owner of the proposed Eastside Park site previously presented to Council, noting no objection to the proposed park at said location if same did not interfere with the sale of said property. Councilman Stout declared himself absent from the discussion and action if any on said subject~ due to a conflict of interest. Discussion was had by Council in regard to same. Motion was made by Councilman Batrez seconded by Councilman Pate and carried that the location for the proposed Eastside Park as previously presented to Council at the last Council Meeting be approved. . City Administrator Wood presented a report requesting Budget Adjustments and Amendments in the various accounts to balance the 1970- 71 Expenditure Budget and requested encumbered funds. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the adjustments, amendments, and encumbrances of funds be approved, as pre- sented. .. ... Director of Public Works-City Engineer Henry presented a pro- posed map changing and modifying the grades on Mesa Road. The City Attorney presented, explained and read Resolution No. 1577 noting lnten- tion to order a change and modification of grades on Mesa Road. Motion was made by Councilman Pate seconded by Councilman Silva that Resolution No. 1577 be adopted. III - _,..,>4 Standish Acres Unit #1 Res. #1578 re: rev i sed Coop. Agree. Uti 1 i- ty Oversizing 101 Freeway - , , ...... '-' Ord. #923 re: Prezoning Barberi Property .. 'I -~. Ord. #924 re: Water Servo Charges 3243 RESOLUTION NO. 1577 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO ORDER A CHANGE AND MODIFICATION OF GRADE ON MESA ROAD. PASSED AND ADOPTED this 21st day of June, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Hughan, Pate, Silva, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Duffin Motion was made by Councilman Pate seconded by Councilman Silva and carried that a Public Hearing on said proposed grade changes for Mesa Road be set for August 16,,1971. (Following said meeting the City Attorney ruled said Public Hearing not in order at this time; therefore cancelled). Director of Publ ic Works-City Engineer Henry presented a pro- posed Development Agreement for Standish Acres, Unit No.1, on Wren Avenue at We1burn Avenue, explaining certain stipulations for same. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the Development Agreement for Standish Acres, Unit #1 as presented be approved and that the City Administrator and Mayor be authorized to execute same on behalf of the City. Director of Public Works-City Engineer Henry presented a re- vised Cooperative Agreement with the State Division of Highways for Sewer Oversizing and Water Main Crossings at the new U. S. 101 Freeway. Motion was made by Councilman Batrez seconded by Councilman Silva that the reading of Resolution No. 1578 be waived and that it be adopted. RESOLUTION NO. 1578 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING COOPERATIVE AGREE- MENT #43-227205 TO PROVIDE FOR THE BID ITEM MOBILIZATION AND MODIFYING RESOLUTION NO. 1457 FOR THE RELOCATION AND PLACEMENT OF SANITARY SEWER AND WATER LINES IN CONNECTION WITH THE GILROY FREEWAY BYPASS, ROUTE 04~SC1- 101, 1.4 MILES SOUTH OF THOMAS ROAD TO 0.5 MILES NORTH OF LEAVELSEY ROAD:, DISTRICT AGREEMENT #4-0125-C. PASSED AND ADOPTED THIS 21st day of June, 1971, by the following vote: AYES: COUNCIL MEMBERS: Bat~ez, Hughan, Pate, Silva, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Duffin NOES: ABSENT: Ordinance No. 923, prezoning property of John Barberi, containing 4.11 acres east of South Monterey Street, adjacent to the city limits to H-C (Highway Commercial) District was presented by the City Attorney for adoption. Motion was ,made by Counci lman Pate seconded by Counci 1- man Silva that the reading of Ordinance No. 923 be waived and that it be adopted. ORDINANCE NO. 923 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 4.11 ACRES AS HC, SAID PROPERTY BEING PART OF A PROPOSED ANNEXATION TO THE CITY OF GILROY. PASSED AND ADOPTED this 21st day of June, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batnez, Hughan, Pate, Silva, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Duffin , NOES: ABSENT: Ordinance No. 924 amending the City Code to provide that all charges pertaining to water services be estab1 ished by resolution was presented by the City Attorney. Motion was made by Councilman Hughan seconded by Councilman Stout that the reading of Ordinance No. 924 be waived and that it be adopted. 3244 Swimming Pool Regulations Golf Course fees, etc. Annexation adj acen t to Marcella Ave. 70-1 Annex. Plan. Policy re: Subdivi- sion of Lg. Rural Lots S.C. Co. Fire Fighters re: Fire Dist. ORDINANCE NO. 924 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 27 OF THE GILROY CITY CODE SO AS TO PROVIDE THAT ALL CHARGES RELATING TO WATER SERVICE SHALL BE ESTABLISHED BY RESOLUTION OF THE GILROY CITY COUNCIL, AND RE- ... rEALING CONFLICTING PROVISIONS. PASSED AND ADOPTED this 21st day of June, 1971, by the following vote: ... AYES: COUNCIL MEMBERS: Batrez, Hughan, Pate, Silva, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Duffin The City Attorney presented a proposed ordinance providing for Swimming Pool regulations. Discussion was had in regard to same. Council referred same ordinance to the City Attorney for recommended changes prior to introduction of same. ... ... City Administrator Wood reported that the rate increase for golf course green fees in April 1970 submitted on the monthly report pre- sented to Council at the last meeting for week-end play was $3.50 and $2.00 for week days; and for the same period in 1971 $~.OO for week- end play; $3.00 week-days which accounted for the increase in fees questioned by Council. City Administrator Wood reported that the proposed annexation of property in the vicinity of Marcella Avenue now before LAFCO was re- quired in order to make Marcella Avenue 70-1 contiguous to the City Limits; that it was discovered following annexation of said property that a parcel of property that should have been included in the Mar- cella Annexation had been omitted and is required for correction at this time. Com. A letter and resolution from the Planning Policy Committee in regard to subdivision of large rural lots was presented. .. A letter from the Council of Professional Fire Fighters of Santa Clara County supporting consolidation of fire distr.icts was presented. ... Northside Pk. A letter from H.U.D. offe~tng to increase this yearls Development Grant for Northside Park was presented. Plan. Policy Com. The minutes of the Executive and Planning Policy Committees of Meeting Santa Clara County meetings of May 27, 1971, were noted and further explained by Representative Pate. City Administrator Wood recommended that the matter of the Joint Housing Element be referred to the Plan- ning Commission for a public hearing before said commission before Council action is taken on same. Old Gilroy St. re 1 i nqu i sh- ment A letter from the State Division of Highways was noted advising of the recording of a relinquishment of a portion of Old Gilroy Street. Gilroy Fire Dept. Letters of thanks to the Gilroy Fire Department from Pieters- letters of Wheeler Seed Company and two from the Gilroy Unified School District thanks were presented. Po 1 ice Dept. letters of thanks .. Letters of thanks to the Gilroy Pol ice Department from Dr. David W. Barton and Mr. J. G. Trescony were presented. ... The Mayor commended the Departments and to all those so mentioned in said correspondences. ... ... Trans. Policy Com. Mee t. Building Code Fee Increase Dust complaint Annual League Con f . M.H. Sewerage Use Bonanza Day Celebration Bonanza Day Barbecue Adjournment It, 3245 Councilman Stout noted that he attended his first meeting of the panta Clara County.Transportation Policy Committee and had nothing to report at this time. Councilman Hughan recommended that the Building Coqe fees within Table 3A of the 1970 Building Code be adopted by Council as previously discussed during the Budget Hearing. The City Attorney was instructed to prepare the required document for approval of said fees. Councilman Stout reported that he had received complaints from residents in the vicinity of the vacant lot next to Safeway Building; informing Council that said complaint was in regard to a dust problem in said area. It was noted that motorcycle riding on this property and throughout the City on private properties had been a problem. Said matter was referred by Council to the City Attorney and Chief of Police for investigation of same. City Administrator Wood noted that the Annual League of Ca1 ifornia Cities Conference was to be held in San Francisco September 26-29, 1971 and requested Council to indicate if they desired to attend same in order that hotel reservations could be made in advance for the de- sired hotel. Council indicated that their first choice of accommoda- tions was the Clift Hotel and 2nd choice the Handlery Motor Inn. Director of Public Works-City Engineer Henry reported that the City of Morgan Hill had indicated their intent to annex additional property belonging to Perch, that would possibly present a problem in regard to sewer Iservice through the City's sewer 1 ine due to the volume proposed to use same; noting that the City Councils of each city should meet to solve problems regarding the sewer agreement, etc. Chief of Police Laizure reminded Council of Bonanza Days Ce1e- brat i on Week. The Mayor noted the presence of Planning Commission Representa- t i ve Berry. City Administrator Wood reminded Council of the Bonanza Day Barbecue on Sunday, June 27 at Christmas Hill Park. At 11:30.p.m. motion was made by Councilman Pate seconded by Councilman Silva and carried that the meeting adjourn to 4:00 p.m on Tuesday, June 22, 1971. ReSp;ttful1y su.bmitted, ) 6Juo, ~~ / " ~ C er -;/